Scottish Executive

Birds

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what action it is taking to further the conservation of the capercaillie in line with the EU Wild Birds Directive and what new actions the Forestry Commission will take to better protect capercaillie within (a) Natura 2000 sites and (b) forests adjacent to Natura 2000 sites.

Rhona Brankin: In view of the decline in capercaillie numbers, the Scottish Executive has decided to introduce a statutory ban on the shooting of the species. This will be effected by Scottish Statutory Instrument to reschedule the species from Schedule 2, Part I to Schedule 1, Part I of the Wildlife and Countryside Act 1981.

  The Scottish Executive receives advice from its statutory nature conservation advisers, Scottish Natural Heritage (SNH), on the classification as Special Protection Areas (SPAs) of the most suitable territories for capercaillie under the EC Birds Directive. A suite of six SPAs has been classified in Scotland and additional sites are under consideration. These SPAs form part of the Natura 2000 network. Activities within these SPAs must comply with the provisions of the Conservation (Natural Habitats, &c.) Regulations 1994.

  As required by European legislation, the Forestry Commission will make an appropriate assessment of the implications of proposed forestry operations which are likely to have a significant effect on any Natura 2000 site before deciding whether to approve those operations.

Birds

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what further action is being taken in Scottish woodlands to protect capercaillie.

Rhona Brankin: There is a Species Action Plan for the capercaillie developed under the UK Biodiversity Action Plan. The steering group for the plan is a broad partnership involving the Scottish Executive, the Forestry Commission, Scottish Natural Heritage (SNH), the Royal Society for the Protection of Birds (RSPB) and others. The Forestry Commission has taken a number of actions, including grant aiding activities that benefit capercaillie with parallel measures in state-owned forest areas; developing policy and guidance to minimise the impact of fences on capercaillie; consulting SNH and RSPB on all new afforestation proposals that could affect capercaillie; requiring grant applicants to take advice from experts on operations that will affect capercaillie, and raising awareness of the plight of capercaillie through publications, a national conference and local workshop. The commission has also led on improved fence designs and the steering group has produced revised guidance on location of fences. In addition, the RSPB and SNH with input from the commission are co-funding a Capercaillie Project Officer who acts as an adviser to landowners as well as SNH, RSPB and commission staff on capercaillie issues.

  SNH, the Scottish Executive Rural Affairs Department (SERAD) and the Forestry Commission published last year a review of capercaillie research needs. The review identified a number of research priorities including an assessment of factors associated with breeding success. Additionally, SNH in conjunction with the commission, the Scottish Executive and the RSPB, is planning a large-scale management trial in capercaillie core areas. Actions will include predator control, removal or reduced use of deer fencing, minimising disturbance of leks (breeding sites), improving brood habitat, sensitive planting, thinning and woodland management.

  SNH, the Forestry Commission, the RSPB and other potential partners are also working on the preparation of an application under the LIFE III programme to support recovery of capercaillie.

Birds

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what impact the timber felling recently undertaken on the Invercauld Estate in Aberdeenshire will have on the capercaillie population in the area; whether any representations were made to the landowners in advance of this felling operation about the impact which it would have on capercaillie, and whether this operation complied with all relevant regulations on the protection of capercaillie.

Rhona Brankin: It is not known what impact the timber felling undertaken on the Invercauld Estate may have on the capercaillie population in the area. However, Scottish Natural Heritage (SNH) will monitor the capercaillie population on the adjacent Ballochbuie Special Protection Area (SPA).

  The Forestry Commission first consulted SNH about this proposal (the objective of which was regeneration of native woodland) in 1995. At that time SNH broadly supported the proposals, particularly the intention to utilise selective rather than clear felling, thereby reducing the visual impact of the scheme within Deeside and Lochnagar National Scenic Area. SNH also suggested further modifications to retain a more natural appearance in the remaining woodland and to safeguard wetland areas from felling operations. At that time, the proposals did not cause concern in relation to capercaillie. After the Forestry Commission approved the Woodland Grant Scheme (WGS) application in 1996, the adjacent Ballochbuie SPA was classified in 1998 for its important populations of Scottish crossbill and capercaillie. Further research on the capercaillie population in the area demonstrated that birds regularly used the area affected by the WGS application. I am not aware of any representations having been made to the landowners, although I understand that the estate sought specialist advice in relation to the potential impact on capercaillie of their fencing proposals.

  The operations were carried out in accordance with the plans approved in 1996. The Forestry Commission recognises that an assessment of the forestry proposals in these plans would have been appropriate in the changed circumstances following the classification of the SPA on adjacent ground in 1998. However, the Forestry Commission is currently identifying all the existing WGS and felling approvals given during the last five years that are likely to have a significant effect on any Natura 2000 site. In some cases assessments have already begun.

Birds

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what immediate action it is taking to protect capercaillie habitats such as Invercauld Estate in Aberdeenshire and Curr Wood in the Highlands from disturbance caused by timber felling operations.

Rhona Brankin: The Forestry Commission is responsible for approving tree felling operations and is currently identifying all the existing Woodland Grant Schemes and felling approvals given during the last five years that are likely to have a significant effect on Natura 2000 sites. Where the proposed work might adversely affect capercaillie, the commission will discuss the proposals with the owners or managers of the land with a view to making specific arrangements for protecting capercaillie. At Invercauld Estate and Curr Wood, the commission has been discussing with Scottish Natural Heritage and relevant experts how best to manage the forestry operations, taking account of the needs of the capercaillie.

Birds

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it will intervene in relation to timber felling operations currently being undertaken in Curr Wood in the Highlands in order to protect the capercaillie population in this area and whether it will direct Scottish Natural Heritage to secure the conservation of these capercaillie.

Rhona Brankin: The Forestry Commission and Scottish Natural Heritage (SNH) have already met the owner’s agents and the Royal Society for the Protection of Birds to discuss the felling operations in Curr Wood. I understand that the owner has now agreed to modify his felling proposals to take greater account of sensitive areas used by capercaillie and other priority species.

  A direction to SNH is unnecessary as it is already taking all necessary steps in co-operation with the Forestry Commission. SNH has a duty in terms of the Conservation (Natural Habitats, & c.) Regulations 1994 to exercise its nature conservation functions to secure compliance with the requirements of the EC Habitats Directive.

Culture

Dr Winnie Ewing (Highlands and Islands) (SNP): To ask the Scottish Executive what initiatives involving Scotland’s written heritage are currently being taken forward or planned as part of its National Cultural Strategy and what plans it has to ensure that the archive sector is fully involved in cultural initiatives.

Allan Wilson: In the National Cultural Strategy we recognised the importance of the written heritage to the culture of Scotland and wish to make it as widely available as possible. The National Archives of Scotland currently provide content from the national archive collections to the SCRAN (Scottish Cultural Resources Access Network) project. It is also a partner in a range of complementary projects, some funded by the higher education sector, which are further extending access to the written heritage preserved in archive institutions across Scotland, both by developing the detailed catalogues and by creating digital images of documents.

Foot-and-Mouth Disease

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what maximum period of time should elapse between the notification of slaughter of animals on farms contiguous to those on which foot-and-mouth disease has been confirmed and the slaughter of those animals.

Ross Finnie: I refer to the ministerial statement I gave to Parliament on 5 April 2001 which outlined the disease control strategy being implemented.

Foot-and-Mouth Disease

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what advice is provided regarding the transport of unaffected animals to slaughterhouses through foot-and-mouth disease Infected Areas and whether the use of cattle floats with open side flaps is permitted.

Ross Finnie: Animals can only be moved under licence direct from farm to slaughterhouse. Journeys through an Infected Area are permitted by trunk road, motorway or railway and may come within 3 km of an infected premise. Animals going to slaughter are checked for any signs of foot-and-mouth disease before leaving the farms and hence are most unlikely to be excreting any FMD virus. Closing vents is unnecessary and could give rise to welfare problems in transit.

Foot-and-Mouth Disease

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive why there are no foot-and-mouth disease disinfection points on the M74 and the A76.

Ross Finnie: Veterinary advice, based on risk assessment, is that the disinfection of trunk roads is not necessary in order to prevent any risk of the disease spreading. However, if a council wishes to proceed with the installation of disinfection facilities this is acceptable provided the conditions laid down by the Scottish Executive Development Department are met.

Foot-and-Mouth Disease

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what consideration it has given to any problems which may be caused by the slaughter of hefted sheep as a consequence of foot-and-mouth disease, and whether additional resources will be available to train new hill flocks.

Ross Finnie: The Scottish Executive recognises the difficulties of replacing any hefted sheep which have to be slaughtered. However, eradication of the disease is the top priority. Sheep are masking this disease and for that reason any flocks within 3 km of an infected premises will need to be disposed of.

  The longer term needs of those affected are being looked into.

Foot-and-Mouth Disease

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what its policy is on the use of vaccination against foot-and-mouth disease prior to the slaughter of animals within the 3 km firebreak zone.

Ross Finnie: I refer to the ministerial statement I gave to Parliament on 5 April 2001 where policy on the use of vaccination was clarified.

Gaelic

Dr Winnie Ewing (Highlands and Islands) (SNP): To ask the Scottish Executive what role Gaelic broadcasting plays in its strategy to encourage the use of Gaelic; whether an extension of its powers in this area would enhance its ability to promote Gaelic language and culture and, if so, whether it will make representations to Her Majesty’s Government requesting that responsibility for Gaelic broadcasting be fully legislatively devolved.

Mr Alasdair Morrison: Gaelic broadcasting, for which the Scottish Executive provides a grant of £8.5 million a year, is an important part of our strategy for Gaelic. While Gaelic broadcasting, in common with other aspects of broadcasting, is a reserved subject, this has not prevented us from supporting a wide range of educational and cultural provision for Gaelic. We have no plans to change the present arrangements.

Genetically Modified Crops

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether the barnase gene will be tested in any genetically modified crop trials.

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what genetically modified material types will be used in GM crop trials and at which sites and whether the so called "terminator gene" will be tried anywhere.

Ross Finnie: The two varieties of oilseed rape which are currently being grown as part of the farm scale evaluations both contain the following introduced genetic sequences:

  - PssuAra (a promoter)

  - bar (a gene conveying tolerance to the herbicide glufosinate ammonium)

  - 3`g7 (stop signal)

  - PTA29 (a promoter)

  - barnase (a gene conveying male sterility)

  - barstar (a gene conveying fertility restoration)

  - 3`nos (stop signal)

  The outcome of this modification is a hybrid crop resistant to the herbicide glufosinate ammonium, which is widely used in agriculture to control annual and perennial weeds. Further details of the construction of these varieties is contained in the public register along with precise location details for each of the trial sites.

  The term "terminator gene" is understood to apply to genetic modifications which leave a plant incapable of producing seed able to germinate (seed sterility). Crop varieties containing these genes have neither been developed nor grown in Scotland. The varieties of modified oilseed rape which are grown in Scotland are fully fertile and produce viable pollen.

Justice

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive how long, from time of appointment, James Drummond Young QC had to prepare the prosecution case against Louis McDonald and Gary Sanders, both charged with the murder of Christopher Cawley.

Colin Boyd QC: Trial Advocates Depute are given case papers 10 days in advance of a sitting of the High Court they are prosecuting. Cases are already fully prepared by legal staff of the Procurator Fiscal Service and Crown Office before being given to Advocates Depute.

  Mr Drummond Young was fully prepared to prosecute the case and conducted the prosecution in a highly professional manner. He is an extremely experienced and respected member of the Scottish Bar and I have full confidence in his abilities as an Advocate Depute.

Justice

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive what consultation took place between the Cawley family and the Procurator Fiscal’s Office from the date of the murder to the end of the trial, and whether the Procurator Fiscal’s Office provided accurate information on (a) the case against Gary Sanders and (b) the case against Louis McDonald at all times.

Colin Boyd QC: Members of the Cawley family met with the precognoscer of the case at the Procurator Fiscal’s Office in Glasgow on 8 November 2000 when the precognition process, the trial process and the options available to a jury were explained to them. The Cawley family were previously written to by the Procurator Fiscal’s Office at Glasgow on 13 October 2000 and 2 November 2000 when the involvement of the Procurator Fiscal was intimated to them. They were again written to on 8 December 2000 when the indictment was served and information about the trial diet given to them. A member of the family was spoken to on the telephone by the precognoscer between 8 December 2000 and on 19 December 2000.

  The family were informed the precognoscer was on annual leave over Christmas and given details of the High Court Unit at the High Court of Justiciary in Glasgow should they wish to discuss matters during that period. In advance of that, on 19 December 2000, the family were taken to the High Court in Glasgow for a pre-trial court visit.

  On 8 January 2001, the precognoscer, when attending the High Court to view the trial, informally met a family member and spoke briefly with him.

  On 10 January 2001 the precognoscer attended at court to inform the family that Gary Sanders had been liberated on bail and would be acquitted at the conclusion of the Crown case.

  The Principal Depute at the Procurator Fiscal’s Office at the High Court of Justiciary at Glasgow met with the family on 9 January 2001. She met further with the family on 10 January 2001 in the presence of the Advocate Depute.

  The Head of the Procurator Fiscal’s Office at the High Court of Justiciary met with the members of the family on 11 January 2001 after the verdict when the case was discussed with them.

  The family were provided with accurate information on the case against Gary Sanders and Louis McDonald from their first contact with the Procurator Fiscal’s Office at Glasgow until the conclusion of the case.

Justice

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive what further prosecutions are being considered given the number of alleged transgressions of the law revealed within transcripts of the trial in which Gary Sanders was discharged and Louis McDonald was released on a Not Proven verdict in 1997.

Colin Boyd QC: As far as I am aware, transcripts have not been ordered from the High Court of Justiciary in this case. I am therefore unable to comment further.

Local Government

Tricia Marwick (Mid Scotland and Fife) (SNP): To ask the Scottish Executive how it will consult local authorities who are not members of COSLA regarding the development and implementation of policy.

Angus MacKay: The Executive will continue to deal with COSLA on matters of collective importance to councils and to speak to individual councils on matters of local significance, as it has done in the past.

NHS Trusts

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what guidance is now available to NHS Trusts in relation to the preparation of financial recovery plans.

Susan Deacon: NHSScotland bodies are well aware of the requirement to achieve and maintain financial balance, and to have financial plans which support that objective. The Executive has made available guidance on the way in which these plans should be presented to give a clear indication of how financial recovery will be achieved, when that is necessary.

Nutrition

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive how many primary school children are covered by the pilot projects in which children are provided with free fruit and vegetables.

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive how the pilot projects providing free fruit and vegetables for pre-school and primary pupils will be assessed.

Malcolm Chisholm: I refer the member to the answer given to question S1W-14557 on 10 April 2001.

Roads

Dr Winnie Ewing (Highlands and Islands) (SNP): To ask the Scottish Executive, further to the answer to question S1O-2956 by Sarah Boyack on 15 February 2001, what implications its current trunk road and motorway tourist signposting policy has for individual tourist businesses and what assessment it has made of any cost to the industry as a whole of the length of time permission for such signs takes to obtain or of tourist businesses being unable to obtain permission for such signs.

Sarah Boyack: The purpose of the Trunk Road Motorway Tourist Signposting Policy which was produced in consultation with the Scottish Tourist Board is to provide clear and consistent directions for travellers on Scottish Trunk Roads.

  Tourist signs are not a substitute for effective marketing and the implications of the policy for individual businesses or the tourist industry has not been assessed.

  Applications, meeting policy requirements, are processed promptly and once the applicant has provided complete information, permission to erect signs is granted within two weeks. The applicant is responsible for the design, manufacture and installation of the signs.

Roads

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will make available in the Scottish Parliament Information Centre details of the road alignment scheme between Gaich and Craggan on the A95 which is targeted for completion in 2001-02.

Sarah Boyack: The plans for the A95 Gaich to Craggan improvement scheme require to be reviewed and once completed they will be subject to public consultation prior to construction which is programmed for 2001-02. Details will be placed in the Parliament’s Reference Centre when finalised.

Scottish Executive Staff

David McLetchie (Lothians) (Con): To ask the Scottish Executive what the total number of staff employed by the core departments, agencies and associated departments of the Scottish Office was in May 1997 and how many staff it currently employs.

Angus MacKay: The full-time equivalent number of permanent staff employed in the core departments, agencies and associated departments of the Scottish Executive are shown in the table. The figures for the agencies include the Scottish Prison Service, which accounts for over half of all agency staff.

  





May 1997 
  

March 2001 
  



Core Departments 
  

3,495.1 
  

4,004.4 
  



Agencies 
  

7,892.2 
  

8,155.8 
  



Associated Departments 
  

1,386.0 
  

1,602.7 
  



Total 
  

12,773.3 
  

13,762.8

Scottish Executive Staff

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive what plans it has to further disperse Scottish Executive staff from Edinburgh.

Angus MacKay: The Executive has made progress in locating public sector jobs outwith Edinburgh by establishing the Food Standards Agency in Aberdeen, by establishing the Enterprise and Lifelong Learning Department in its entirety in Glasgow and setting up the new Public Guardian’s Office in Falkirk.

  Subject to Parliament approving the principles of the Regulation of Care Bill, it is proposed to co-locate the Scottish Social Services Council and the headquarters of the Scottish Commission for the Regulation of Care in Dundee. The headquarters building will also serve as the commission’s regional office for that region. Decisions regarding the locations of the other regional offices of the commission are expected soon.

  We are also undertaking detailed reviews of the Edinburgh operations of six public bodies based on lease breaks and other operational factors.

  We expect to be in a position to make a decision on the location of the Scottish Public Pensions Agency shortly and on the Health Education Board for Scotland by mid-2001.

Sport

Dr Winnie Ewing (Highlands and Islands) (SNP): To ask the Scottish Executive, further to the answer to question S1W-12945 by Allan Wilson on 14 February 2001, whom  sportscotland intends to appoint as consultants in connection with the review of aspects of their organisation and operations; why any such appointment is being made by  sportscotland rather than by the Executive; what the cost of this review will be, and how much will be paid to any consultants appointed.

Allan Wilson: In view of the importance of sport within the Executive’s overall programme, and notwithstanding the wider review of Non-Departmental Public Bodies being carried out by the Executive, we agreed with  sportscotland’s assessment that the early review of aspects of their organisation and effectiveness would ensure the best possible contribution to that overall agenda. Following the development of a remit in discussion with the Executive,  sportscotland has appointed KPMG to assist in the conduct of the review. The review is being undertaken in close partnership with the Executive and we shall oversee the consideration and implementation of recommendations for improvement identified in the review.

  The appointment was made in consultation with the Executive. The level of fees to be paid to the consultants is a matter for sportscotland.

Transport

Dr Sylvia Jackson (Stirling) (Lab): To ask the Scottish Executive whether the assistance available to promote the use of liquid petroleum gas as a vehicle fuel in rural areas is available to all rural communities, as defined in Appendix 1 of Rural Scotland: A New Approach .

Sarah Boyack: The definition of rural used in appendix 1 of Rural Scotland: A New Approach is based on the population density of local authority areas. It was used for the purposes of analytical simplicity and as a consequence of the way in which many socio-economic statistics are currently presented.

  Assistance to convert vehicles to run on liquefied petroleum gas (LPG) through the Powershift vehicle conversion scheme is available to applicants throughout Scotland. However, in rural areas priority was given to applicants living over 30 minutes drive-time from settlements with a population of 10,000. In the light of the substantially increased resources available to Powershift between 2001 and 2004 the Scottish Executive is considering how to promote Powershift most effectively in rural areas.

Water Charges

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, in the event of the three water authorities being replaced by a single water authority for Scotland, whether the water charges for customers of the existing North of Scotland Water Authority are expected to reduce, increase or remain the same.

Ross Finnie: In advance of the Water Industry Commissioner’s Strategic Review of Charges, it is difficult to predict precisely how water and sewerage charges will change. Given the need to invest, as set out in the Quality and Standards consultation paper, it is unlikely that charges in the north will fall. It is, however, the case that if a single water authority for Scotland is established, then we would expect that charges in the north would need to rise far less sharply than if the three authorities remained separate.

Wildlife

Dr Sylvia Jackson (Stirling) (Lab): To ask the Scottish Executive what measures are in place to ensure that wild animals are not removed from their natural habitat.

Rhona Brankin: The Wildlife and Countryside Act 1981, the Conservation (Natural Habitats & c.) Regulations 1994, the Protection of Badgers Act 1992, together with a range of related nature conservation and anti-cruelty legislation, regulate the taking of animals, birds and plants from the wild. Enforcement of these measures is undertaken primarily by the police. Wildlife Inspectors appointed jointly by the Scottish Executive and DETR have a statutory role in certain types of cases.

  A strict licensing regime operated by the Executive and Scottish Natural Heritage controls those limited circumstances where certain species may legitimately be removed from their natural habitat. The circumstances under which such licences may be issued are defined in statute.

  On 7 March the Executive set out in a policy statement, "The Nature of Scotland", its intention to reform a range of conservation provisions, which include new measures to deter, detect and punish those who take protected species from the wild.